South Africa and global insurance, financial institutions, banking and general law know–how
This blog was co-authored by William Hayne, Candidate Attorney.
In October 2024, the High Court dismissed the claimant’s claim against their insurer due to initiation of legal proceedings outside stipulated time limits in the time bar clause.
The claimant operated a business centred around the purchase and resale of lucerne. To protect its stock, the…
In a September 2024 judgment concerning a business email compromise (BEC) incident affecting the sale of a motor vehicle, the claimant sought a court order to compel the motor dealer to release the vehicle they had purchased. The dispute arose after the deposit for the vehicle was paid into a fraudulent account due to a…
In September 2024 the High Court dismissed a claimant’s delictual claim for damages arising from an incident in which the claimant allegedly tripped and fell over a metal skirting at the premises managed by the property owner. The claimant alleged that she tripped over metal skirting that was hanging loose. The court found that the…
Co-authored by Ngarothe Netshipale
The Supreme Court of Appeal upheld an eviction order against a lessee who argued that the lessor had repudiated the lease agreement and had no right to unilaterally cancel it. The court found no repudiation and confirmed that the lessor could rely on a termination clause within the agreement. The court…
The High Court has confirmed that a towing company’s lien can be substituted by adequate security provided by an insurer.
The dispute between the parties related to the release of a motor vehicle which was insured by the applicant insurer, the applicant. The motor vehicle was involved in an accident and subsequently towed by the…
The High Court has found that a towing company’s lien could be substituted by adequate security provided by an insurer.
The dispute between the parties related to the release of a motor vehicle which was insured by the insurer, the applicant. The motor vehicle was involved in an accident and subsequently towed by the towing…
Can an insurer set-off the amount it paid an insured from the commission due to a broker?
The High Court in Pietermaritzburg has said no.
A broker had failed to five soyabean fields from a policy brokered on behalf of a farmer. The fields were damaged in a hailstorm. Upon discovering the error committed by…
The Supreme Court of Appeal (SCA) upheld an arbitration award that was challenged by the buyers of shares in a company, who argued that the arbitrator had ignored their suggestion to hold a separate hearing on one of the claims. The SCA found that the suggestion was not binding on the arbitrator, and that he…
This blog was co-authored by Lesego Moloisana, Candidate Attorney.
The Applicant was the registered owner of commercial property. On 04 November 2021, the owner of commercial property cancelled the lease agreement and later changed the locks on the premises after placing the lessee on terms for arrear rentals. The lessee contended that the cancellation was…
